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Inside Internal Controls

News and discussion on implementing risk management

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Intellectual Property, IP

What HR needs to know about investigating an employee’s digital activity

You’ve been asked to review the digital activity of an employee. Your company has some concerns, and wants you to investigate. With the amount of enterprise-level technology and controls that most companies now have, shouldn’t that be fairly straightforward?

 

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Major changes to Canada’s export and technology transfer controls coming into force shortly

The Government of Canada has announced that a new version of the Guide to Canada’s Export Controls (the “Guide”) will come into effect on August 11, 2017. The Guide lists the goods and technology subject to export and technology transfer controls.

 

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Protecting trade secrets when employees depart

Several recent court cases in the United States focus on the misappropriation of trade secrets by employees departing technology companies. These high profile American cases are a reminder that Canadian companies face the same issues.

 

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Internal technology transfer gone wrong: Composite Technologies Inc. v. Shawcor Ltd., 2017 ABCA 160

Intellectual property is transferrable. And you should be careful with how you transfer your IP among your corporate family, especially if it constitutes the principal value in your business – and in your life’s work!

 

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Federal court knocks TPM circumvention with significant damages award

In a major victory for Nintendo, the Federal Court of Canada awarded $12.7 million in damages for circumventing technological protection measures (TPMs) and copyright infringement.

 

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Promise doctrine abolished by the Supreme Court of Canada

On June 30, 2017, the Supreme Court of Canada, released a landmark patent decision (2017 SCC 36) abolishing Canada’s so-called ‘Promise Doctrine’ by finding it “unsound”, “not good law” and “incongruent with the both the words and scheme of the Patent Act.”

 

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Court declines to apply fair dealing copyright exemption in news reporting case

In a recent decision, the Small Claims Division of the Court of Québec has found a newspaper liable for infringement of copyright and moral rights in photographs published without reference to the photographer.

 

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What do audit committees think about risk and audit?

I am encouraged by the latest KPMG report, their 2017 Global Audit Committee Pulse Survey. I am encouraged because KPMG appears to be asking the right questions and getting intelligent answers.

 

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Searches of electronic devices at the Canada/US border

The possibility of arbitrary searches of the electronic devices of persons crossing into the US continues to raise concerns among Canadians and, in particular, privacy regulators. Recent statements (and subsequent legislative amendments) are attempting to address some of the legal issues.

 

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The global reach of Canadian privacy law: Federal court issues landmark ruling in Globe24h

With the global reach of the internet and ease with which information may now be disseminated, this decision therefore may provide corporations and individuals with an effective avenue to pursue foreign-based entities and enforce their rights with respect to disputes involving illegal, defamatory or malicious online activity originating abroad.

 

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The future of risk management

The Institute of Risk Management has a great feature where they have asked people around the world, including a number of luminaries, about the future of risk management.

 

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Why get an injunction anywhere else? Federal Court grants interlocutory injunction based on damage to goodwill and practical impossibility of calculating lost sales

This case and its discussion of the difficulty associated with the apportionment of lost sales may provide a path to an interlocutory injunction in cases with similar difficulties.

 

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Can marketing and compliance share a playbook?

I recently read an article in the Winter 2017 MIT Sloan Management Review, Mastering the Market Intelligence Challenge (Chari, Luce & Thukral). In this work, the authors address how “many multinationals simply import their domestic models into emerging markets.” And whilst this work is directed towards those who deal with market intelligence in emerging markets, the conclusions drawn are equally applicable to those who face compliance challenges in such frontier regions.

 

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Canada begins NAFTA consultations

These NAFTA consultations offer a significant opportunity for companies to have input on the primary drivers of their access to Canadian, US and Mexican markets. With the EU-Canada CETA coming into force in the coming months, Canada will be in the unique position of having preferential trading and investment relationships with the world’s two largest economies.

 

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Canada’s proposed new trademarks regulations

The Canadian Intellectual Property Office has released a first draft of the Regulations that will support our new Trademarks Act now scheduled to come into force in early 2019. The consultation period for these new Regulations will expire July 21, 2017 and will be followed by a further consultation term in late 2017 or early 2018.

 

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